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Supreme Court of India 2019-02-21 disposed

BOARD OF TRUST.FOR THE PORT OF KOLKATA vs APL (INDIA) PVT. LTD

Bench: 3 — A.K. Sikri, Ashok Bhushan, S. Abdul Nazeer

In Brief

The Port of Kolkata sought to dispose of containers left on its premises after evicting an unauthorized tenant. The tenant's successor and third parties claiming ownership of the containers argued the Port had no right to seize their goods without a contractual relationship. The Supreme Court held that under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the Estate Officer may seize and sell any goods found on public premises after eviction, regardless of ownership or privity of contract. Sale proceeds, after deducting dues and expenses, go to persons shown entitled. The Court distinguished this from lien under the Major Port Trusts Act and directed the High Court to expeditiously decide the pending petition on merits within six months."

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Public Premises Law Eviction Property Law Statutory Authority Lien and Attachment Unauthorized Occupation

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